ANIE PHILIP Vs. STATE OF KERALA

JUDGEMENT

(1.) By this petition, petitioners, who are employees of 3rd respondent-Food Craft Institute, are praying for the following reliefs:

(2.) Heard the learned counsel appearing for all parties.

(3.) Learned counsel for the petitioners argued that on 12.01.1990, the Board of Governors of the 3 rd respondent resolved for payment of employers' contribution at the rate of 10% of the pay and allowance of the employees without any ceiling limit. In 1997, the percentage was enhanced to 12% and the 3 rd respondent since then is remitting contribution at the rate of 12% with an equal amount of contribution for the employees. This is based on the joint request accepted by the Employees Provident Fund Organisation. It is further contended that as per the Government Order dated 21.08.2013, pay revision benefits came to be extended to the employees of the 3 rd respondent. However, in paragraph 2 clause (viii) of the said Government Order (produced as Ext.P6 in the instant petition), the Government had imposed a condition that the maximum contribution of the employer in the Employees Provident Fund shall be calculated at the rate of 12% of Rs.6500/- which is the ceiling limit unless otherwise specifically ordered by the Government. This condition imposing a ceiling of Rs.6500/-, according to the petitioners, is ignoring the fact that from the year 1990 onwards, contribution at the rate of 10% or 12% was being remitted without any ceiling limit. It is further contended that the Board of Governors of the 3rd respondent once again recommended to the Government to permit continuation of remittance of Employees Provident Fund contribution at the rate of 12% without any ceiling vide resolution dated 25.09.2013 (Ext.P7). However, the request came to be turned down by the impugned communication dated 03.02.2014 (Ext.P8). The 3 rd respondent therefore proposed to implement this Government Order as per communication dated 06.02.2014 (Ext.P9).